The Baldwin Township Planning Commission voted unanimously last night to recommend that the township commissioners not approve an application from Mercy Behavioral Health to open a residential mental health facility in the township.

In September, Mercy submitted an application for a conditional use to turn the former Rolling Hills Manor Assisted Living Center on Newport Drive into an in-patient mental health facilty with 16 patients in a Mercy program and 16 additional patients in a state-run program.

Mercy officials have said the program would serve patients who suffer from such chronic mental illnesses as schizophrenia, bipolar disorder and major depressive disorder.

Residents of Baldwin Township have turned out in large numbers for recent commissioner and planning commission meetings to oppose the facility.

Once again last night, residents filled the Castle Shannon fire hall to standing-room-only capacity to show their opposition for the project.

Mercy attorney Arnold Horowitz had argued in making his presentation last month before the planning commission that the Mercy facility fit the definition of a nursing home, which is permitted under the township's R-1 residential zoning, which exists at the proposed site.

But planning commissioners disagreed. Chairman Robert Wagner and member Donald Harkins said they believed the facility was not a nursing home but rather a mental health hospital. Planning commissioner member Theo Mierly said she was concerned for the safety of the community if the facility would go in, noting there was a nearby school bus stop and ball field.

The decision now goes to the Baldwin Township commissioners, who will hold a public hearing at 7 p.m. Monday in the Castle Shannon Fire Hall. Commissioners have 45 days from the public hearing to make their decision on Mercy's application.

After the planning commission decision, Mercy Behavioral Health Executive Director Richard Rach said he disagreed with the planning commission's action and that his organization would make its pitch to the commissioners on Monday.

He didn't rule out the possibility of the matter heading to court if the township commissioners deny the application. "We think we have a case," Mr. Rach said.